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2004-121
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Final Decision |
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Supplemental Findings and Recommendations of Executive Director |
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Interim Decision on Access |
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Findings and Recommendations of the Executive Director |
Final Decision
At its November 9 2004 public meeting, the Government Records Council (Council) considered the October 1, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said Amended Findings and Recommendations. The Council, therefore, dismissed the case on the basis of:
This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006. Final Decision Rendered by the Vincent P. Maltese, Chairman I attest the foregoing is a true and accurate record of the Government Records Council. Virginia Hook, Secretary Supplemental Findings and Recommendations of Executive DirectorBarbara Schwarz GRC Complaint No. 2004-121 Complainant Records Requested:
Custodian: Dale Perry Background The parties mutually agreed to mediation in the subject case. The Complainant withdrew her agreement for mediation on September 18, 2004. The case is before the Council for adjudication. Complainant’s Case Position The Complainant filed a Denial of Access Complaint with the Government Records Council on August 17, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging the Custodian was not responsive to her request and was denied access to the following information requested:
Public Agency’s Case Position In response to the Complainant’s allegations, the Custodian asserts that the Division of Law and Public Safety searched their files and certified in the Statement of Information submitted on September 24, 2004 the requested records for “Barbara Schwarz/Barbara Schwartz, Mark C. Rathburn aka Mark De Rothschild, L. Ron Hubbard, and former President Dwight David Eisenhower” are not made, maintained or kept on file in the Division of Law and Public Safety. However, information on the Church of Scientology was found during the Custodian’s search. The Custodian, in a statement sent to the Complainant on September 28, 2004 informed the Complainant that information on the Church of Scientology had been found and that a fee of $27.50 for duplication of the records was due prior to the release of the records. The Custodian did not receive the payment and the documents were not released. N.J.S.A. 47:1a-5(b) states A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation, or if a fee is not prescribed by law or regulation, upon payment of the actual cost of duplicating the record. The Custodian informed the Government Records Council that as of October 23, 2004 the Complainant has not sent payment for the documents requested. Analysis N.J.S.A. 47:1A-1.1 states in relevant part: “Government record” or “records”…. That has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State …” The Custodian certified that there were no records found pertaining to “Barbara Schwarz/Barbara Schwartz, Mark C. Rathburn aka Mark De Rothschild, L. Ron Hubbard, and former President Dwight David Eisenhower.” The Custodian did find records responsive to the request for information on the Church of Scientology and informed the Complainant of the payment fee of $27.50 for duplicating the documents. N.J.S.A. 47:1A-5(b) provides that “[a] copy or copies may be purchased by any person upon payment of the fee prescribed by law or regulation, or if a fee is not prescribed by law or regulation, upon payment of the actual cost of duplicating the record.” The Custodian informed the Government Records Council that as of October 23, 2004, the Custodian has not received payment for the requested documents. The Custodian was proper in withholding the copies of the records until payment is received for the duplication of said records. Documents Reviewed The following records were reviewed in preparation for this Findings and Recommendations of the Executive Director:
Conclusions and Recommendations of the Executive Director The Executive Director respectfully recommends that the Council dismiss the case on the basis of:
Prepared By: Staff Associate Approved By: Interim Decision on Access
At the September 9, 2004 public meeting, the Government Records Council (“Council”) considered the September 2, 2004 Executive Director’s Findings and Recommendations and all related documents submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations. Therefore, the Council hereby finds that on the basis of the party’s mutual agreement to mediate, the Council and Council’s staff will forego any adjudicatory action pending the outcome of mediation. Interim Decision Rendered by the Vincent P. Maltese, Chairman I attest the foregoing is a true and accurate record of the Government Records Council. Findings and Recommendations of the Executive DirectorBarbara Schwarz GRC Complaint No. 2004-121Complainant v. Office of the Attorney General Custodian of Records Records Requested: Any records on Barbara Schwarz, Mark C. Rathbun, Dwight D Eisenhower, Scientology and the Church of Scientology and all versions of their names and information. Background Complainant’s Case Position On August 17, 2004, the Complainant signed and returned the Agreement to Mediate to the Council’s staff as an indication of her intention to participate in the mediation process. Public Agency’s Case Position The Custodian signed and returned the Agreement to Mediate on August 25, 2004 as an indication of the agency’s intention to participate in the mediation process. Analysis Pursuant to N.J.S.A. 47:1A-7(d), no legal analysis is needed at this time. Documents Reviewed The following records were reviewed in preparation for this “Findings and Recommendations of the Executive Director”
Conclusions and Recommendations of the Executive Director The Executive Director respectfully recommends that the Council find that the Custodian and the Complainant voluntarily signed Agreements to Mediate on August 17th & 25th, 2004. Based on same, the Executive Director respectfully recommends that the Council and Council’s staff forego any adjudicatory action pending the outcome of mediation. Prepared By: Approved By: September 2, 2004 |
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